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was read his miranda rights. the special agent who filed the complaint would that according to surveillance footage. younger suspect lifted the phone to his ear shortly about before the second blast. after he finishes you see people around him react to the first explosion. bomber two virtually alone in front of the individuals in front of the restaurant while he appears calm. he walks away without his knapsack, having left it on the ground where he had been standing. approximately ten seconds later an explosion occurs in that location where bomber two had placed his knapsack. and another major development, the white house said it would not designate the suspect an enemy combatant. we will have more on the legal aspect of this coming up later this hour. as of this hour dzhokhar is in serious condition. he is unable to speak because of a gunshot to the throat which we believe was self-inflicted. he's communicating by writing and nodding his head. as authorities move forward in a of in their investigation, tritening information about the radical past of the brothers is in fact emerging. both t
't -- he shouldn't be mirandaized right away. i know you agree with them. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great confession. maybe even better than a law enforcement confession where you can claim it was forced out of you. they gave a upon takenious confession -- spontaneous confession. >> bob wants to get in here. so then why did they need to make that statement? i'm trying to figure out why they made that statement? >> i don't know exactly why they made it. maybe because they got so much criticism -- remember the christmas morning bomber that they mirandaized right away, lost the opportunity to get information from him? so i think maybe they were pl
'll give him a lawyer, lawyer up, get miranda. >> oh, yeah. now, a couple of things about that. they have suggested that there's an exception to miranda for public safety which we all know there is. i think they've been very extravagant in assuming they'll get the largest possible exception under the law and the reality is in different circuits that exception is interpreted differently. >> if they think they don't have to give the guy the miranda rights, you have the right to remain silent and right to an attorney, they think we have a big exemption, before they wofer that and try to get all of the information from the person and it may come back to bite them because some jurisdictions don't see it that way. >> absolutely right. in some places if you're a dangerous offender you get a long exception. in others, it doesn't matter how dangerous you are, if police basically rendered you-- >> what should happen. if we identify the person what do you think as a doj think next. >> in the person fits the definition of enany combatant, al-qaeda affiliate or someone we're at war with, that presiden
gathering purposes since he's been president. when we read these people their miranda rights and give them a lawyer the only way you can gather intelligence is if the terror suspect and the lawyer will allow you to do so. intelligence gathering through plea bargaining is not going to make us safe. jenna: so we spoke to a former member of the fbi on our show yesterday that seems to not have a problem with miranda rights, that is their opinion. we'll see what they get as far as information from this one suspect. >> can i mention something. jenna: please. >> i don't have a problem with miranda rights. this man can only be tried in federal court. he's never eligible for military commissions. a first year law student could convict this person. what i'm worried about is what does he know about future attacks? he's telling us that his brother was the bad guy, he's sort of just along for the ride. they had no international connections. guess what, he's down-playing his involvement. what i am suggesting is that we use the national security legal system where we can interview him without a lawyer to
and lucid enough to get his miranda rights read to him, also thoughts he shot himself through the neck, that's been really brought into question now, as an eyewitness there to help take him down, looks like a cut or maybe something exploded, a shrapnel cut, those that the boston marathon, those that suffered during the explosion. he said i'm motivated by religion, that religion being islamic extremism or islam. he went on to say i have no outside ties. i'm not part of a larger group. isn't that convenient. >>steve: both brothers went to a mosque in cambridge. it was the older brother. clearly the younger brother was following the older brother in life in so many different ways. we told you a little bit yesterday about some of the outbursts the older brother had at the mosque in cambridge. for instance, back in november where they were talking about it was okay for muslims to celebrate american holidays like thanksgiving and the 4th of july and tamerlan, the older brother, stood up and argued. then in january there was a praise for martin luther king jr. and he got up and called someone a hyp
understand he has not been read his miranda rights, even if he can talk. what's the latest from the hospital? >> the latest official word from the hospital and through the f.b.i., the official channels releasing information is he's in serious condition and within the last 24 hours, that he's also in stable condition. so he is under the care of the physician here, clearly under heavy guard. we know he was shot in the throat because senator in the select intelligence committee has also given that information out. but that's really what we know for certain at this point in time. >> gretchen: there is this report this morning that maybe that throat wound was from an attempted suicide when the police were closing in on him, as you can see from the thermal imings of him in the boat friday night. what have you heard about that? >> well, that information doesn't come from the positions here -- physicians that are treating him and would have the closest eye view of his wounds. they're keeping all of his information to themselves as they're required to do by law and the f.b.i. not releasing that throu
. within 10 hours he was read his miranda rights. critics on capitol hill say the intelligence community was unable to fine him for information as to how the empty developed. the underwear bomber eventually convicted and in super max prison in colorado. harris? >> harris: federal authorities tried to sake him alive unlike his brother who published in thy were really trying hard. why is it difficult to get that designation as an enemy combatant? >> well, for one, he's an american citizen. by law he can't be sent to guantanamo bay, can't be tried in a military commission. there are cases where americans were deemed enemy combatants and tried to federal court. jose padilla for one. in the case of dzhokhar tsarnaev authorities have not found a link to an al-qaeda-linked group, and therefore no court in the u.s. would necessarily uphold the president as commander in chief as designating him an enemy combatant. legally this would be shaky, i'm told, by experts. even if the alleged bomber is deemed an enemy combatant, he still has a right to an attorney. he doesn't have to talk unless he wants
, these are terrorists that attacked the boston marathon. look, i have no doubt under obama they will get their miranda rights read to them, but should they? >> if they are declared enemy combat evans, are we dealing with domestic or foreign origin. are we naturalized is the sense of the united states which we have seen in other individuals who have committed acts of terror against the united states. if they are anne
they not have read his miranda rights to him yesterday if that is the case? do you leave the door of legal opportunity open a while longer. >> there are two separate issues. the public safety exception applies regardless of the type of offense that the government is investigating, and using the public safety exception is recognized by the united states supreme court. it's a lawful way of trying to get information in a very short window of time tinge le particularly when you're concerned about public safety issues as the investigators certainly were as a result of the horrific acts that the bombing suspects, the bombing defendants who are h are accused of. bill: this is a guy to lived here more than ten years. came here 2002 if memory serves. your case with richard reid he was far from an american citizen, he was far from even making a home here. what have we done in 12 years? make sure that the prosecutions can be successful? >> i would suggest that we should be using all the tools that both the united states supreme court has indicated are available in order to keep america safe, and all
suspect, what changes about me legally? >> everything. the fifth amendment, mayor randa -- miranda rights, in terms of being so identified as someone who was being looked at and so he is probably interviewed as a witness, as a victim. but at the same time, and it's constitutional, give american authorities the right to look at every part of his life if they get lawful subpoenas. i'm confident the f.b.i. will get this guy. 1-800-494-tips. >> brian: thanks. coming up straight ahead, our next guest recorded history. pictures from the attack, a photographer in the boston globe here live next. >> steve: our coverage continues of the boston bombings. but there are other stories. first of all, a fox news alert. a u.s. marine helicopter crashed -- has crashed in south korea overnight near the north korean border. all 21 people on board are alive and being treated at the hospital. the military says the super stallion chapper made a hard landing while conducting routine flight operations. the crew is from okinawa in japan. >>> a short time ago, a major earthquake in iran, killing at least 40 people
Search Results 0 to 10 of about 11 (some duplicates have been removed)